RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of July 30, 2021 No. 212

About change of the resolution of the Ministry of Internal Affairs of the Republic of Belarus of January 15, 2014 No. 13

Based on part 10 of Article 14 of the Penitentiary code of the Republic of Belarus, subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611, the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Bring in the Instruction about procedure for activities of territorial authorities of internal affairs for execution of punishments and other measures of criminal liability approved by the resolution of the Ministry of Internal Affairs of the Republic of Belarus of January 15, 2014 No. 13, the following changes:

1.1. to add Item 7 after figures "120" with figures ", 92";

1.2. the Item 20 after the word is "hemmed" to be added with the words "in chronological procedure";

1.3. to state subitem 26.1 of Item 26 in the following edition:

"26.1. have talks with convicts, in necessary cases with their close relatives, and also other persons who can make positive impact on convicts;";

1.4. state Item 28 in the following edition:

"28. By results of studying of the copy of sentence (determination, the resolution) vessels, data on conduct of life of the convict and data characterizing it, and also in case of personal contact with it and his close relatives the staff of inspectorate plans concerning each convict the list of individual and (or) group educational actions according to requirements of this Instruction. The educational actions planned by the staff of inspectorate are reflected in respect of individual work.

In the presence of the circumstances specified in Item 29 of this Instruction in respect of individual work the additional actions realized before elimination of the reasons which formed the basis for their carrying out are provided.

The plan of individual work is signed by the chief of inspection or his deputy (the chief inspector in inspections where are not provided by the staff list of position of the chief of inspection and his deputy).

After filling the plan of individual work joins the personal record of the convict.";

1.5. in Item 29 of the word of "public order" shall be replaced with words "making of rough administrative offenses";

1.6. in Item 30 of the word "in Department of Internal Affairs" shall be replaced with words "in Department of Internal Affairs,";

1.7. from part one of Item 31 of the word", and concerning these convicts living in the rural settlement - at least once a half-year" to exclude;

1.8. the second Item 32 to state part in the following edition:

"Educational work with convicts to deprivation of the right to hold certain position or to be engaged in certain activities and convicts without assignment of punishment which do not study or do not work, but carry out the obligations assigned to them and testing comply with conditions, do not allow making of rough administrative offenses, have no chronic alcoholism, drug addiction or toxicomania, is carried out with the frequency specified in part one of Item 31 of this Instruction.";

1.9. third of Item 33 to add part with the words "not later than day before its carrying out";

1.10. in Item 36 part three:

in paragraph three of the word "vice-chairman" to replace with the word "secretary";

the fourth to state the paragraph in the following edition:

"at least two heads of other divisions of Department of Internal Affairs or deputy managers of other divisions of Department of Internal Affairs or persons who are temporarily fulfilling their duties on position according to the decision of the chief of Department of Internal Affairs.";

1.11. in part one of Item 37 of the word of "half from its numerical structure" shall be replaced with words "four of her members, including the chairman";

1.12. in Item 38:

after part three to add Item with part of the following content:

"Commission session can be also postponed in connection with other office need according to the procedure, specified in part three of this Item. At the same time the meeting shall be held no later than 3 working days after originally planned date.";

the fourth to state part in the following edition:

"On commission session on each convict the employee of inspection responsible for representation of materials, or the secretary of the commission reports information reflected in the questionnaire characteristic of the convict and also other data necessary for decision making on assessment of extent of its correction.";

1.13. state Item 40 in the following edition:

"40. By results of consideration of the convict on commission session the decision in form according to appendix 6, which joins its personal record is drawn up. The decision is signed by all members of the commission who are present at meeting and appears to the convict under the signature directly on commission session.

In case of adoption by the commission of the decision on achievement of correction by the convict of certain degree according to parts 2 and 3 of Article 187-1 of the Penitentiary code of the Republic of Belarus and feasibility of representation of the convict to parole from punishment or replacement of unexpired part of punishment with milder pinishment inspection within 3 working days takes to court the corresponding representation. The inspectorate attaches to representation the personal record of the convict, information on attraction to the criminal and administrative responsibility, and also data on partial or full recovery of the damage (harm) caused by crime.

In case of adoption by the commission of the decision on inexpediency of representation of the convict by inspectorate to parole from punishment or replacement of unexpired part of punishment with milder pinishment de novo review of materials on commission session concerning the convict shall be carried out not earlier than in 1 month, but no later than 6 months from the date of adoption of this decision.

Along with the announcement of the decision to the convict the recommendations submitted on fixing positive and correction of negative qualities of the personality, manual on further behavior are made.

By results of carrying out commission session the protocol in form according to appendix 61 is constituted.";

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